Chapter 5.10 - MOBILE ICE CREAM VENDORS

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Sections:

5.10.010 - Purpose and intent.#

The City Council expressly finds that, absent regulation, the manner in which vendors sell ice cream, confections and other frozen dessert products from vehicles on the public streets is a detriment to the peace and quiet enjoyment of property and the health, safety and welfare of the citizens of the City of South Salt Lake. It is the purpose of and intent of the City Council, in enacting this Chapter of this Code, to provide responsible companies and individuals who engage in the operation of ice cream trucks with clear regulations designed to assure the peace and quiet enjoyment of private property and to protect the health, safety and welfare of the community.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.020 - Business license required.#

It is unlawful for any Person to Engage in the Business of mobile ice cream, confection or other frozen dessert vending unless he/she has first obtained a business license from the business license office. All business licenses shall be issued according to regulations established under this Title and all other applicable titles of this Code. In addition to the business license, any Person who operates an ice cream truck shall obtain an maintain in full force and effect a valid ice cream truck operator's work permit issued by the business license office of the City. The use of the term "ice cream" in this Chapter shall include confections and other frozen desserts.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.030 - Application for business license.#

The application for a mobile ice cream vending business license shall contain all information relevant and necessary to determine whether a particular license may be issued, including, but not limited to: A.

The full name, current address, telephone number, and proof of identity of the applicant and all Persons who will be operating an ice cream truck as a part of the applicant's business;

A brief description of the nature, character, and quality of goods, wares, or merchandise to be offered for sale;

The specific routes, if any, along which the vendor intends to conduct business;

If the applicant is employed by another, the name and address of the Person; and

A description of all ice cream trucks to be used in the business, together with the motor vehicle registration number and license number.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.040 - Health inspection certificate.#

Any application for a mobile ice cream vending license shall require a health permit from the Utah Department of Agriculture or its successor agency requiring such health permit in addition to the regular business license. The applicant's equipment shall be subject to inspections by the Utah Department of Agriculture or its successor agency requiring such inspections at the time of application and at periodic intervals thereafter.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.050 - Permitting unlicensed Operator—Unlawful.#

It is unlawful for any Person who owns or controls an ice cream truck to permit it to be driven, and no ice cream truck licensed by the City shall be so driven at any time in the operation of the business, unless the ice cream truck is operated by a driver who has then in force a valid ice cream truck operator's work permit issued under the provisions of this Chapter.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.060 - Operator's work permit application.#

An application for an ice cream truck operator's work permit shall be filed with the business license office of the City on forms provided by the City.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.070 - Application verification.#

The application for a mobile ice cream vendor business license and for an ice cream truck operator's work permit shall be verified by the applicant under oath, and he/she shall be required to swear to the truthfulness of the matters contained upon the application.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.080 - Application fee required.#

At the time the ice cream truck operator's application is filed, the applicant shall pay to the business license office a fee, in an amount to be established in the consolidated fee schedule.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.090 - Operator application form requirements.#

The prospective applicant for an ice cream truck operator's work permit shall be required to complete an operator application form containing the following information: A.

The correct legal name of each applicant;

For each applicant, the application must also state:

Any other names by which the individual has been known,

The age, date and place of birth,

Height,

Weight,

Color of hair,

Color of eyes,

Present business address and telephone number,

Present residence and telephone number,

Utah driver license or identification number, and

10.

Social security number;

A statement whether the applicant is currently required to register pursuant to the Utah Penal Code, Section 77-27-21.5, Utah Code Annotated, sex offender registration, or its successor.

A written certification from the mobile ice cream vending business by which the applicant operator is employed that the applicant operator has received training from the said ice cream vending business as to operational requirements of this Chapter.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.100 - Photographs required.#

The applicant for an ice cream truck operator's work permit shall be required to have a photograph taken of him/her at the business license office; applicants for renewal of such licenses shall furnish an up-to-date photograph or have an additional picture taken at the business license office, as shall be determined and directed by the business license official.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.110 - Public safety background check.#

Each applicant shall submit to a background check done to assure that he/she poses no threat to the community in terms of driving safety, use of the mobile vending vehicle to conduct illegal activity and suitability to interact with children away from immediate parental supervision. To this end, and at his/her own cost, the applicant shall obtain a background check from the Utah Bureau of Criminal Identification (BCI). If required, the applicant shall provide fingerprints as part of the BCI process. The applicant shall sign a release allowing the City to examine, but only for official licensing purposes, the report generated by BCI.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.120 - Driver's qualifications.#

The City Council finds that applicants with certain history of criminal behavior involving crimes against children, crimes of violence, crimes involving distribution or manufacture of controlled substances, crimes of DUI or reckless driving or lack of maturity pose too great a danger to the peace and safety of the community and are prohibited from engaging the business of mobile ice cream vending.

Except as this Chapter set forth, no permit or renewal of an ice cream truck operator's work permit shall be issued to any of the following Persons:

Any person under the age of eighteen (18) years;

Any person who is currently required to register pursuant to the Utah Penal Code, Section 77-27-21.5, Utah Code Annotated, sex offender registration, or its successor;

Any person who has been convicted of a crime against a child, a crime of violence against any person, a crime involving distribution or manufacture of a controlled substance, driving under the influence of alcohol or a controlled substance or reckless driving unless a period of not less than five years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.130 - Hearing upon rejection.#

If the application either for a business license or for an ice cream truck operator work permit is rejected, the applicant shall be entitled, upon request, to a hearing as provided in Chapter 5.02.140 of this Title, or its successor.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.140 - Issuance of license.#

The business license administrator shall notify the applicant in writing of the City's decision to issue or deny either the business license or an ice cream truck operator's work permit, not later than five working days after the applicant has filed a completed application as provided herein. In the event the City's review of the business license application or the operator application has not been completed within five days of the filing of a completed application, the business license official shall send written notification to the applicant that the review period has been extended to a date no later than forty-five (45) days from the filing of the completed application. If the license has not been denied within forty-five (45) days of the filing of the completed application, the license for which the application was filed shall be deemed to be issued.

All licenses, permits, and identification cards issued pursuant to this Chapter are valid for one year, unless suspended or revoked, and shall be both non-assignable and non-transferable.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.150 - Business license fees.#

Any vendor granted a vending license under this Chapter shall pay the annual business license fee established in consolidated fee schedule.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.160 - Display of identification cards and other permits.#

Any license or permit issued by the business license office shall be carried with the licensee whenever he/she is engaged in vending. Work permits and health certificates shall also be properly and conspicuously displayed at all times during the operation of the vending business.

An ice cream truck operator's work permit shall be deemed to be properly displayed when it is attached to the outer garment of the vendor and clearly visible to the public and law enforcement officials. A health certificate shall be deemed to be properly displayed when attached to the ice cream truck and clearly visible to the public and law enforcement officials.

In addition to the foregoing, there shall be printed on both sides of the exterior of the vehicle being used for vending, in letters or numbers at least three inches high and three inches wide the name and current business telephone number of the mobile ice cream vending business for which said vehicle is operating.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.170 - Notification of name, address or telephone change.#

All vendors shall assure that a current and correct name, residence address, mailing address, and business telephone number are on file with the business license office. Whenever the name or address provided by a licensed vendor on his/her application for a vending license changes, the licensee shall notify the business license official in writing within fourteen (14) days of such change and provide the same with the name, address, or telephone number change.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.180 - Noise restrictions.#

No Person shall use, play or employ any sound, outcry, amplifier, loudspeaker or any other instrument or device for the production of sound from an ice cream truck: A.

When the ice cream truck is stationary;

Earlier than ten a.m., nor later than eight p.m. or one-half hour after sunset, whichever occurs first. Sunset shall be determined on any particular day by the times listed that day in any newspaper of general circulation in Salt Lake County;

In such a manner that such sound is plainly audible three hundred thirty (330) feet from such vehicle; or

Along the same block face traveling in either direction on the street more than once every two consecutive hours.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.190 - Use of public streets.#

The City Council finds that mobile ice cream vending businesses that attract children into the public streets to purchase ice cream subject children and the public to special dangers. Accordingly, each Person or business selling, offering to sell, or displaying for sale ice cream or similar frozen desserts from or on motorized vehicles on public streets shall abide by the following conditions and requirements. Failure to comply may result in the suspension or revocation of a business license or ice cream truck operator's work permit, and is a class B misdemeanor: A.

The motorized vehicle shall have a clearly audible backup warning device that activates whenever the vehicle is shifted into reverse gear.

The motorized vehicle shall have a convex mirror mounted on the front of the vehicle so that the driver, in a normal driving position, can see the area in front of the vehicle that is obscured by the hood.

The motorized vehicle shall have at least two flashing yellow beacons on the roof of the vehicle, one at the front and one at the rear, at least one of which is visible from all sides of the vehicle. These beacons shall be activated whenever merchandise is being sold, offered for sale, or displayed for sale.

The motorized vehicle shall have an operable swing-arm attached to its left side. This swing-arm shall be of a type, size, and description approved by the City, and shall be activated whenever the vehicle stops to sell, offer to sell, or display merchandise on a public street.

The motorized vehicle shall have a sign or decal on the front and on the rear of the vehicle in letters at least six inches in height and visible for two hundred (200) feet along a level, straight highway, identifying the vehicle as an ice cream truck and containing the words "Children Crossing."

The motorized vehicle shall be prohibited from pulling any type of trailer.

Retail merchandise may not be sold, offered for sale, or displayed for sale from or on motorized vehicles on public streets where the speed limit exceeds twenty-five (25) miles per hour.

The operator of the motorized vehicle shall not sell to any person standing in the roadway.

The operator of the motorized vehicle shall sell, offer to sell, or display for sale retail merchandise only when the vehicle is completely stopped and lawfully parked, and shall sell only from the rear or side of the vehicle nearest to the curb or edge of the roadway.

The motorized vehicle shall not be moved backwards in order to sell, offer to sell, or display for sale retail merchandise.

Each applicant for a license or renewal under this Section shall submit, with its application, a certificate of insurance executed by an insurance company or association authorized to transact business in this state, approved as to form by the City Attorney, that there is in full force and effect general liability insurance in an amount not less than two hundred fifty thousand dollars ($250,000.00) for one person in anyone occurrence, five hundred thousand dollars ($500,000.00) for two or more persons in anyone occurrence and one hundred thousand dollars ($100,000.00) for property damage, or such greater amounts as set forth in Section 63-30-34, Utah Code Annotated, 1953, as amended, or its successor. Such policy or policies shall include coverage of all motor vehicles used in connection with applicant's business. A current certificate of insurance shall be kept on file with the City recorder at all times that applicant is licensed by the City.

All motorized vehicles of the applicant and operators shall comply with all other requirements of this Chapter and any other requirements of ordinance or statute that may be applicable.

The prohibitions of this Section shall not be construed to prohibit vehicles from carrying business markings or advertising not otherwise prohibited by law.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.200 - Vehicle inspection prior to licensing fee required.#

Prior to the use and operation of any vehicle under the provisions of this Chapter, and annually thereafter while being operated by the business licensee hereunder, the vehicle shall be thoroughly examined and inspected by an authorized representative of the City, and found to comply with the requirements of this Chapter. In addition, the vehicle shall at all times in which it is in operation as an ice cream truck within the City be maintained in conformity with the safety inspection requirements of Utah and federal law. The licensee shall pay to the City an inspection fee for each truck for inspected in an amount to be established in the consolidated fee schedule.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.210 - Suspension and revocation of license.#

In addition to any penalties that may be imposed, any license issued under this Chapter may be suspended or revoked for any of the following reasons:

Fraud, misrepresentation, or knowingly false statement contained in the application for the license;

Fraud, misrepresentation, or knowingly false statement in the course of carrying on the business of vending;

Conducting the business of vending in such a manner as to create a public nuisance; cause a breach of the peace; constitute a danger to the public health, safety, welfare, or morals, to interfere with the rights of property owners or in violation of this Chapter;

Conviction of a crime listed in this Section; or

Cancellation of Utah Department of Agriculture authorization, or of the required authorization of any successor agency, for a food or beverage vending unit due to uncorrected health or sanitation violations.

The business license official shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation, and notifying the licensee or permittee of the appeal procedure The licensee or permitee shall have the right to appeal the decision of the business license official pursuant to the procedures set forth in this Title.

If the City revokes a vending license or permit, the fee already paid for the license or permit shall be forfeited. A Person whose license or permit has been revoked under this Section may not apply for a new license for a period of one year from the date that the revocation took effect.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)

5.10.220 - Renewals.#

A mobile ice cream vending license may be renewed, provided an application for renewal and license fees are received by the City no later than the expiration date of the current license. Any application received after that date shall be processed as a new application.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)